DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The response filed on July 30, 2026 is acknowledged.
Election/Restrictions
Applicant elected without traverse Species A (figures 1-15) in the reply filed on October 17, 2025.
Claims 11, 12, and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 17, 2025.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 10 recites the limitation “an outlet conduit which flares as a tuyere” in lines 2-3. The specification, as originally filed, does not appear to disclose a “tuyere.”
Claims 1-10 and 13-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “a core…configured to mix the liquid passing through it with air” in lines 4-5. The recitation that an element is “configured to” perform a function merely requires the element to possess some undefined feature that is capable of performing the function. The claim fails to recite structure to accomplish the function of “mix the liquid passing through it with air.” A “core” in itself is insufficient to accomplish the function. The structure recited by the claim is not commensurate in scope with the function recited by the claim.
Claim 1 recites the limitation “an additional part called a swirl…said swirl being configured to gyrate the liquid about the axis (XX’) of the body” in lines 7-10. The recitation that an element is “configured to” perform a function merely requires the element to possess some undefined feature that is capable of performing the function. The claim fails to recite structure to accomplish the function of “to gyrate the liquid.” An “additional part” in itself is insufficient to accomplish the function. The “swirl” is merely what the “additional part” is called. The “swirl” is merely a name for the “additional part.” It fails to impart any structure to the “additional part.” The structure recited by the claim is not commensurate in scope with the function recited by the claim.
Claim 1 recites the limitation “an additional part called a swirl” in line 7. What an element is “called” is arbitrary and subjective. If one of ordinary skill in the art decides not to call the additional part a swirl, does it infringe on claim 1?
Claim 4 recites the limitation “a calibration nozzle disk” in lines 4-5. The calibration nozzle disk does not appear to be an element of nozzle, i.e., the calibration nozzle disk is separate and distinct from the conical-jet spray nozzle. Claim 4 appears to be directed to a combination of a conical-jet spray nozzle. Yet, the preamble of the claim is directed to a subcombination of a conical-jet spray nozzle. The scope of the body of claim 4 exceeds that of its preamble.
Claim 5 recites the limitation “has a smallest cross-section dimension among said one or more cross-section dimensions” in lines 2-3. The limitation makes no sense where there is one cross-section dimension.
Claim 10 recites the limitation “an outlet conduit which flares as a tuyere” in lines 2-3. The term tuyere is defined as: an opening through which the blast of air enters a blast furnace, cupola, forge, or the like, to facilitate combustion; a water-cooled nozzle through which air is blown into a cupola, blast furnace, or forge. Dictionary.com. The body of claim 10 appears to require air entering a blast furnace, cupola, forge, or the like. The body of the claim appears to exceed that of the preamble.
Claim 13 recites the limitation “a second additional part called a divergent” in line 2. What an element is “called” is arbitrary and subjective. If one of ordinary skill in the art decides not to call the second additional part a divergent, does it infringe on claim 13?
Claim Rejections - 35 USC § 102
Claim(s) 1-8 and 13 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Negoro (7,066,409).
Negoro discloses a concial-jet spray nozzle comprising:
a body 2 having a generally axisymmetric shape about an axis (longitudinal axis of cylindrical body 2), said body comprising an inlet zone 3 for a liquid and an outlet 5, and
a core 8, at least partially housed in the body, configured to mix the liquid passing through with air (not positively recited; body 8 has projecting parts 32 that are capable of mixing any air present in the cooling water with the water), upstream from the outlet, and
an additional part 7 called a swirl, housed in the body, downstream from the inlet zone, and upstream from the core, said swirl being configured to gyrate the liquid about the axis of the body;
wherein said swirl comprises a chamber (space between blades 24a, 24b, 24c), having revolving shape about the axis of the body, and at least one intake channel (opening to blades 24a, 24b, 24c) for liquid, the at least one intake channel opening into the chamber and tangentially to the chamber;
wherein swirl further comprises a discharge conduit (conduit out of blades 24a, 24b, 24c), the chamber opening into said discharge conduit and axially to said discharge conduit, said discharge conduit having one or more cross-section dimensions (diameter of body 7), the at least one intake channel having one or more cross-section dimensions (opening of blades 24a, 24b, 24c), each of said one or more cross-section dimensions of said discharge conduit being greater than said one or more cross-section dimensions of the at least one intake channel;
wherein the nozzle has a nominal flow-rate value (inherent) and said at least one intake channel of the swirl has one or more cross-section dimensions (opening dimension between blades 24a, 24b, 24c), said one or more cross-section dimensions being greater than a diameter of a calibration nozzle disk (any calibration nozzle disk having the same nominal flow but with a smaller diameter than the one or more cross-section dimensions) of said nominal flow rate value;
wherein said at least one intake channel of the swirl has a smallest cross-section dimension (cross section dimension of the opening to blades 24a, 24b, 24c) among said one or more cross-section dimensions, and said smallest cross-section dimension is greater than the diameter of said calibration nozzle disk, by at least ten per cent of said diameter (any calibration nozzle disk that is smaller than the cross section dimension of the opening to blades 24a, 24b, 24c by ten per cent);
wherein the core comprises a decompression chamber (space between part 32) and at least one intake conduit 38 for the liquid, the at least one intake condition opening into said decompression chamber, the decompression chamber being configured to mix the liquid with the air, the core being disposed relative to the swirl such that the at least one intake conduit of said core is coaxial with an outlet of the swirl;
wherein the at least one intake conduit of the core has one or more cross-section dimensions (annular dimension of space 38) and the decompression chamber has one or more cross-section dimensions (overall diameter of part 32), said one or more cross-section dimensions of the at least one intake conduit being less than said one or more cross-section dimensions of the decompression chamber;
wherein said outlet of the swirl having one or more cross-section dimensions (opening dimension between blades 24a, 24b, 24c), said one or more cross-section dimensions of the intake conduit being greater than said one or more cross-section dimensions of said outlet of the swirl;
further comprising a second additional part 6 called a divergent, housed in the body, downstream from the core, said divergent being configured to channel a tangential velocity of the liquid flowing through it.
Response to Arguments
Applicant's arguments filed July 30, 2029 have been fully considered but they are not persuasive.
Applicant argues that claim 1 recites that the nozzle comprises a core 3, at least partially housed in the body 2 and configured to mix the liquid passing through it with air upstream from the outlet 12. Applicant further argues that core 3 is configured to draw in air. Applicant also argues the Venturi effect. Applicant further argues the specification, paragraphs 0072 and 0092. Applicant’s argument is not commensurate in scope with the claimed invention. Claim 1 does not require air being drawn in. Claim 1 also does not require the Venturi effect.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK
